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Privacy Policy

USE OF THE SITE IS VOID WHERE PROHIBITED. BY USING THE SERVICE OR THE
SITE, YOU REPRESENT AND WARRANT THAT YOU ARE 18 OR OLDER, AND THAT YOU
AGREE TO AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THIS
AGREEMENT. IF YOU ARE NOT 18, BY USING THE SITE YOU REPRESENT THAT YOUR
LEGAL GUARDIAN HAS REVIEWED AND AGREES TO THE FOLLOWING TERMS OF USE.
PARENTS AND LEGAL GUARDIANS: IF YOU HAVE NOT CONSENTED TO YOUR MINOR
CHILD'S AGREEMENT TO THESE TERMS OF USE, PLEASE CONTACT METAMOKI
SUPPORT AT: support [at] metamoki [dot] com. PARENTS ARE ADVISED TO EXERCISE
SUPERVISION OVER THEIR CHILDREN'S ON-LINE ACTIVITIES.This agreement (Agreement or Terms of Use)
between you and Metamoki Inc. ("Metamoki") sets forth the terms and
conditions which apply to the use by you of Metamoki Games (however
accessed and/or used, whether via personal computers, mobile devices or
otherwise) and other interactive features or downloads (e.g., widgets)
that are accessible on or downloadable through, or related to, Games
and owned or operated by Metamoki (collectively, the Site) or and any
other product or service offered by Metamoki for use, subscription or
sale (collectively, Service). Subject to the terms and conditions
below, and your acceptance of them, Metamoki agrees to grant, and you
agree to take, a non-exclusive, non-transferable, single computer
license to use and display the Service and related software (excluding
source and object code) for your personal (or household) non-commercial
use by any machine(s) of which you are the primary user (Limited
License). Without limiting the foregoing, you agree not to use the
contents of Service for any other use or purpose. You further agree
that you will not, and will not attempt to, copy or distribute the
content of the Service to any other person unless specifically
permitted by Metamoki or otherwise violate the single computer,
non-commercial display and use Limited License granted hereunder.
Metamoki reserves the right to modify the license granted in this
section and the restrictions described in these Terms of Use in writing
on the Site, including, without limitation, by charging fees therefor
and/or making certain features available through the Site that may
invite you to use the Site Materials (defined below) in a manner not
described in these Terms of Use. Metamoki may add, change, discontinue,
remove or suspend any of the Site Materials at any time, without notice
and without liability. The Site is intended for an audience that is at
a minimum eighteen (18) years of age.If you do not understand and accept these Terms
of Use, do not use the Service. Your use and/or continued use of the
Service will be deemed to constitute your acceptance of these Terms of
Use and all of Metamoki's rules and restrictions related to the
Service, as they may change from time to time.In some instances, both these Terms of Use and
any separate terms of service or guidelines document setting forth
additional conditions may apply to a service or product offered via the
Site (Additional Terms). To the extent there is a conflict between
these Terms of Use and any Additional Terms, the Additional Terms will
control unless the Additional Terms expressly state otherwise.SUMMARYPLEASE CAREFULLY READ THESE TERMS OF USE
BEFORE USING THIS SITE, AS USE OF THE SITE IS CONDITIONAL UPON
ACCEPTANCE OF THESE TERMS OF USE, WHICH AFFECT YOUR LEGAL RIGHTS AND
OBLIGATIONS, INCLUDING MANDATORY CONSENT TO ARBITRATION OF DISPUTES. DO
NOT USE THIS SITE IF YOU DO NOT AGREE.1. Use of the Site constitutes
acceptance of these Terms of Use:PLEASE NOTE: Policies and
rules are subject to change without notice.THESE TERMS OF USE REQUIRE YOU TO AGREE TO
ARBITRATE DISPUTES RATHER THAN GOING TO COURT, GRANT US CERTAIN RIGHTS
AND LICENSES, PROVIDE US CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR
RIGHTS AND REMEDIES, AND LIMIT OUR LIABILITY AND OBLIGATIONS TO
YOU.

You must be at least eighteen (18) years of age to use
the Site.

Content you submit is owned by you and you are
responsible for all third party rights and payments. You grant us
and other users the right to use and exploit your submissions.

Your use of material off-Site is limited by these
Terms of Use.

You may not use the Site, or content created thereon,
for commercial purposes.

Your use of the Site is AS IS, without warranty, and
will result in no liability to us.

2. The following is a summary of key game play
requirements and restrictions:

The activities and games on the Site or on other
Service are just for you to play with while on the Site. You may
not sell or otherwise transfer them to anyone without the prior
written consent of Metamoki.

All Metamoki user profiles, character actions and
content in or on the chat boxes and message boards are created by
our users and not by Metamoki. If you post distasteful, insulting,
sexually explicit, racially disparaging, religiously disparaging or
other inappropriate content, Metamoki reserves the right (but not
the obligation) to delete it from the Site without notice and to
freeze or close your account (there will be no refunds of
previously purchased Coins (defined below). This rule also applies
to inappropriate avatar names. Do not create names that are nasty,
insulting, sexually explicit, racist, disrespectful of religions,
intended to promote illegal acts or otherwise inappropriate. We can
see your messages, so keep it clean and friendly! Do not abuse the
chat functions by spamming (posting the same message many times) or
using them to make party boards - this can result in warnings or a
frozen account, too! Finally, if you ask for another user's
password or personally identifiable information, for any reason,
your account can be frozen or terminated. If you see anything
inappropriate on the Site, or if anyone sends you a message that
makes you uncomfortable or asks for your password, please contact
Metamoki support at support [at] metamoki [dot] com.

You understand and acknowledge that Metamoki may
supervise user forums and filter content sometimes, but that we
don't have a duty to do this. You understand that bad people can
use user forums and that user forums can be dangerous places if you
do not use caution and good sense. You agree not to give out any
personal information, including your password, your first and last
name, your phone number, e-mail address, instant messenger screen
name or other contact information and not to ask for personal
information from other Metamoki Games users.

You understand and acknowledge that all purchases of
virtual items sold on the Site are final and non-refundable,
except, in Metamoki's sole and absolute discretion, and are a
limited game play license and not a cash account or equivalent.
Once you buy any virtual item sold on the Site, all sales are
final. Further, Metamoki may terminate user accounts at any time
with or without notice, in its sole discretion, for any reason or
no reason, including if it believes that you are under the age of
18.

Do not give out your password to anyone. Metamoki will
never request your password. If someone does, please contact
Metamoki support at support [at] metamoki [dot] com.

3. Ownership of Intellectual
Property:Unless otherwise specified in writing on the Site,
all materials that are part of the Site (including past, present and
future versions), including, without limitation: graphics; layout;
text; images; audio and/or video; designs; advertising copy; logos;
domain names; trade names and marks; service marks and trade
identities; any and all copyrightable material (including source and
object code); the look and feel of the Site; the compilation, assembly
and arrangement of the materials of the Site; and all other materials
related to the Site (collectively, the Site Materials) are owned,
controlled or licensed by Metamoki and are protected from unauthorized
use, copying and dissemination by copyright, trademark, patent,
publicity and other laws, rules, regulations and international
treaties. Your ability to use the Site Materials is governed by these
Terms of Use. The entire contents of the Service (including the Site
Materials) are copyrighted as a collective work under the United States
copyright laws and/or similar laws of other jurisdictions. Metamoki
owns a copyright in the selection, coordination, arrangement and
enhancement of such content, as well as in the content original to
Metamoki. Third-party content providers own the copyright in content
that is original to them. Mob Wars and Metamoki are trademarks and
service marks of Metamoki. All rights are reserved. All other
trademarks and service marks appearing on the Service are the property
of their respective owners, including, in some instances, Metamoki. All
rights are reserved. Use of any of our trademarks, service marks or
names as metatags on other web sites is prohibited. You may not display
our Service or content in frames or in-line links without express
written permission from Metamoki (e-mail requests to Metamoki support
at support
[at] metamoki [dot] com).You agree not to encumber, license, modify,
publish, copy, sell, transfer, transmit or in any way exploit, any of
the content of the Service (including the Site Materials other than
your own User Content (defined below)), nor will you attempt to do so.
You agree not to copy, redistribute, publish or otherwise exploit
material which you download from the Service, except as expressly
permitted herein, without the express prior written permission of
Metamoki and the owner of such Site Materials (from whom you are solely
responsible for obtaining permission). You further agree and
acknowledge that you will not acquire any ownership rights (including
any rights to license such material) by downloading material from the
Service or by purchasing any virtual goods. You can display your
personal avatar on your own personal web pages for your noncommercial
and personal use ONLY, as long as you write Copyright 2008 Metamoki
Inc. All Rights Reserved. Used With Permission on EVERY page on which
it appears and you link directly to Metamoki.A. Virtual
Items:Purchases of any virtual items sold on the Site are
purchases of a limited non-transferable, revocable license. The license
may be terminated immediately if your account is terminated for any
reason, in Metamoki's sole and absolute discretion, or if Metamoki
discontinues providing the Service.You agree that all purchases of virtual items
sold on the Site are final. No refunds will be given, except in our
sole and absolute discretion. You agree that all virtual items will be
forfeited if your account is terminated for any reason, in Metamoki's
sole and absolute discretion, or if Metamoki discontinues providing the
services on the Site. You agree that the purchase of virtual items sold
on the Site is the purchase of a limited license to a service and you
have no property interest in the virtual items.B. User
Content:Metamoki does not solicit submissions, creative
materials, ideas or suggestions other than those Metamoki specifically
requests. Any communications or materials you transmit to Metamoki by
e-mail or otherwise including, without limitation, data, questions,
comments, ideas, images, writings, music, sounds, audiovisual effects,
artwork, design elements, graphics, suggestions, concepts, biographical
information, notes or chat or message postings, will be treated as
non-confidential and non-proprietary. The Site may invite you to
participate in blogs, message boards, online forums and other
functionality and may provide you with the opportunity to create,
submit, post, display, transmit, perform, publish, distribute or
broadcast content and materials to Metamoki and/or to or via the Site,
including, without limitation, text, writings, photographs, graphics,
comments, suggestions or personally identifiable information or other
material (collectively, excluding Site Materials not created by you,
User Content). You agree that your User Content is wholly original with
you and you exclusively own the rights to your User Content, including
the right to grant all of the rights and licenses in these Terms of Use
without Metamoki incurring any third party obligations or liability
arising out of its exercise of the rights thereto granted herein by
you.You grant to Metamoki the unrestricted,
unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid
and royalty-free right and license to host, use, copy, distribute,
reproduce, disclose, sell, re-sell, sub-license, display, perform,
transmit, publish, broadcast, modify, make derivative works from,
re-title, reformat, translate, archive, store, cache or otherwise
exploit in any manner whatsoever, all or any portion of your User
Content and any Collaborative Content (defined below) to which you have
contributed, for any purpose whatsoever, in any and all formats; on or
through any and all media, software, formula or medium now known or
hereafter known; and with any technology or devices now known or
hereafter developed and to advertise, market and promote same. You
further agree that Metamoki is free to use any ideas, information,
concepts, know-how or techniques contained in any User Content you send
to the Site or Metamoki, for any purposes whatsoever, including,
without limitation, developing, producing, marketing and otherwise
exploiting products and/or services using such User Content, and
without remuneration of any kind. You further perpetually and
irrevocably grant Metamoki the unconditional right to use and exploit
your name, persona and likeness included in any User Content and in
connection with any User Content, without any obligations to you. You
also grant to Metamoki the right to sub-license and authorize others to
exercise any of the rights granted to Metamoki under these Terms of
Use; and each such third party will be entitled to benefit from the
rights and licenses granted to Metamoki under these Terms of Use.
Without limiting the generality of the foregoing, you authorize
Metamoki to publish your User Content in a searchable format that may
be accessed by users of the Site and the Internet. Except as prohibited
by law, you waive any rights of attribution and/or any so-called moral
rights you may have in any User Content you submit, even if such User
Content is altered or changed in a manner not agreeable to you.Metamoki has no obligation to monitor or enforce
your intellectual property rights to your User Content but has the
right to protect and enforce its and its licensees' licensed rights to
your User Content, including, without limitation, by bringing and
controlling actions in your name and on your behalf (at Metamoki's cost
and expense, to which you hereby consent and irrevocably appoint
Metamoki as your attorney-in-fact, with the power of substitution and
delegations, which appointment is coupled with an interest).Except as otherwise described in this Agreement,
you agree that your User Content will be treated as non-confidential
and non-proprietary and will not be returned. You should also be aware
that submissions of User Content may not be secure, and you should
consider this before submitting any information to Metamoki.You acknowledge and agree that Metamoki will not
have any obligation to review, monitor, display, archive, maintain,
accept or exploit any User Content. Metamoki may delete, move,
re-format, edit, alter, distort, remove or refuse to exploit User
Content without notice to you and without liability; provided, however,
that Metamoki reserves the right to treat User Content and/or
Collaborative Content (defined below) on the Site, or on certain
portions of the Site, as content stored at the direction of users for
which Metamoki will not exercise editorial control except to enforce
the rights of third parties and the Content Restrictions set forth
below when violations are brought to Metamoki's attention. Such User
Content and/or Collaborative Content posted at your or other users'
direction need not, however, be maintained on the Site by us for any
period of time and you will not have the right, once posted, to access,
archive, maintain or otherwise use such User Content and/or
Collaborative Content on the Site. You also agree and understand that
Metamoki is not obligated to use User Content and/or Collaborative
Content and that you will not receive any additional consideration or
compensation for your User Content and/or Collaborative Content or for
any exploitation thereof.C. Usage Rules:As a
user of the Site, you agree that your User Content, and your conduct on
the Site will not:

include any offensive comments that are connected to
race, national origin, gender, sexual preference or physical
handicap;

include profanity or any obscene, indecent,
pornographic, sexual or otherwise objectionable content or
language;

violate the contractual, personal, intellectual
property or other rights of any party, or promote or constitute
illegal activity;

be in violation of the Terms of Use.

In addition, your activities on the Site and in connection with
the Site Materials will not:

reveal any personal information about another
individual, including another person's address, phone number,
e-mail address, credit card number or any information that may be
used to track, contact or impersonate that individual;

attempt to impersonate any other party;

trick, defraud or mislead other users;

engage in any commercial activities, including,
without limitation, any attempt to raise money for anyone or
advertise or promote a product, service, pyramid scheme or other
multi-tiered marketing scheme;

disparage, tarnish, or otherwise harm, in Metamoki's
opinion, Metamoki and/or the Site Materials;

violate these Terms of Use or any local, state,
federal or international law, rule or regulation or any other
requirements or restrictions posted by Metamoki on the Site;

upload or transmit (or attempt to upload or to
transmit) viruses, Trojan horses or other material that interferes
with any party's uninterrupted use and enjoyment of the Site, the
Site Materials, Collaborative Content or the User Content or
modifies, impairs, disrupts, alters or interferes with the use,
features, functions, operation or maintenance of the Site, the Site
Materials or the User Content;

copy or adapt the object code of the Site's software,
HTML, JavaScript or other code;

reverse engineer, decompile, reverse assemble, modify
or attempt to discover any source code that the Site creates to
generate its web pages or any software or other products or
processes accessible through the Site;

upload or transmit (or attempt to upload or to
transmit) any material that acts as a passive or active information
collection or transmission mechanism, including, without
limitation, clear graphics interchange formats (gifs), 1x1 pixels,
web bugs, cookies or other similar devices (sometimes referred to
as spyware, passive collection mechanisms or pcms);

except as may be the result of standard search engine
or Internet browser usage, use or launch any automated system,
including, without limitation, any spider, robot (or bot), scraper
or offline reader that accesses the Site or use or launch any
unauthorized script;

cover or obscure any notice, banner or advertisement
on the Site;

disguise the source of your User Content or other
information you submit to the Site;

interfere with or circumvent any security feature of
the Site or any feature that restricts or enforces limitations on
use of or access to the Site, the Site Materials or the User
Content.

Metamoki uses certain monitoring and filtering of the Site to
attempt to enforce these Terms of Use. However, objectionable content
and user behavior may be found to exist and always use caution and
common sense when using the Internet, especially when giving out any
personally identifying information or with respect to financial
information or transactions. Metamoki does not control or endorse the
content, messages or information found in User Content portions of the
Service or external sites that may be linked to or from Games and,
therefore, Metamoki specifically disclaims any responsibility with
regard thereto.D. Disputes With
Others:You are solely responsible for your interaction with
others that you come in contact with through the Site. However, we
reserve the right, but have no obligation, to monitor and/or manage
disputes between you and other users of the Site. If you have a dispute
with other users, you release the Metamoki Parties (defined below) from
claims, demands, and damages (actual and consequential) of every kind
and nature, known and unknown, arising out of or in any way connected
with such dispute.E. Additions and
Changes:You agree to review these Terms of Use on at least a
weekly basis to be aware of Changes (as defined herein). Our employees
cannot change the terms of these Terms of Use except as posted on these
Service. Metamoki has the right, at any time, to:

(i) add, change or discontinue the Site or Service, or
any aspect or feature of the Site or Service, including, but not
limited to, content, financial terms, availability and equipment
needed for access or use;

(ii) impose, change or modify its terms and conditions
applicable to your use of the Service, or any part thereof;
and/or

(iii) to impose, change or modify the terms and
conditions of these Terms of Use (Changes).